HomeMy WebLinkAbout2022-12-07; Planning Commission; Minutes City Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dec 7, 2022, 5 p.m. Amended Minutes
CALL TO ORDER: 5 p.m.
ROLL CALL: Commissioners Kamenjarin, Meenes, Merz, Sabellico and Stine.
Absent: Commissioners Lafferty and Luna.
PLEDGE OF ALLEGIANCE: Commissioner Meenes led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held on Nov. 16, 2022
Motion by Commissioner Meenes, seconded by Commissioner Kamenjarin, to approve the
Minutes of the Regular Meeting held on Nov. 16, 2022, with the following language amendments
requested by Chair Stine:
• On item #1, paragraph 10, first sentence, amend the language used from, “Chair Stine
opened the duly noted public hearing” to “opened the hearing for public testimony”.
• On item #1, paragraph 12, first sentence, amend the language used from “Chair Stine
closed the duly noticed public hearing ” to “closed the hearing for public testimony.
Motion by Commissioner Kamenjarin, seconded by Commissioner Merz, to approve the Minutes
of the Regular Meeting held on Nov. 16, 2022, as amended. Motion carried, 5/0/0/2 (Lafferty,
Luna – Absent).
PUBLIC COMMENT: None.
CONSENT CALENDAR: None.
PUBLIC HEARINGS:
1. CDP 2022-0024 (DEV2022-0067) – DECHAMPSAVIN ADDITION - Request for approval of a
Coastal Development Permit to allow for the construction of a 515-square-foot addition to
an existing single-family residence within the Mello II Segment of the city’s Local Coastal
Program located at 4924 Loma Laguna Drive within Local Facilities Management Zone 1. The
project site is within the appealable area of the California Coastal Commission. The City
Planner has determined that the project belongs to a class of projects that the State Secretary
for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301(e) for small additions to existing structures of the state
CEQA Guidelines.
ACTION TYPE: Quasi – judicial
STAFF RECOMMENDATION: Adopt the Resolution
PLANNER: Estaban Danna ENGINEER: Nichole Fine
PLANNING COMMISSION
Minutes
Dec. 7, 2022 Planning Commission Regular Meeting Page 2
Commissioners provided their disclosures as follows:
• Commissioner Kamenjarin disclosed that he is familiar with the property and has driven
by it.
• Commissioner Meenes disclosed he drove by the site.
• Commissioner Sabellico had no disclosure to report for this item.
• Commissioner Merz had no disclosure to report for this item.
• Chair Stine had no disclosure to report for this item.
Assistant Community Services Director Mike Strong introduced the item and requested waiving
the presentation because it is routine in nature, and no public speaker slips have been presented.
He further requested the item to move directly to the Planning Commission for questions and
deliberation.
There were no questions or deliberation by the Commissioners.
Motion by Commissioner Kamenjarin, seconded by Commissioner Meenes, to adopt Exhibit 1.
Motion carried, 5/0/0/2 (Commissioner Lafferty, Luna - Absent).
2. AMEND 2022-0006 (DEV06082) – BP/ARCO FACILITY 5792 – Request for approval of an
amendment to Conditional Use Permit CUP 91-03(C) to allow for the demolition of a gas
station’s existing car wash facility, and construction of a new car wash facility with 18 vacuum
stations, located at 1991 Palomar Airport Road within Local Facilities Management Zone 5.
The project site is not within the Coastal Zone. The City Planner has determined that the
project belongs to a class of projects that the State Secretary of Resources has found do not
have significant impact on the environment and is therefore categorically exempt pursuant
to Section 15303 – New Construction and Conversion of Small Structures – of the state
California Environmental Quality Act (CEQA) and the City of Carlsbad Municipal Code Section
19.04.070(A)(1)(b).
ACTION TYPE: Quasi – judicial
STAFF RECOMMENDATION: Adopt the Resolution
PLANNER: Kyle Van Leeuwen ENGINEER: Emad Elias
Commissioners provided their disclosures as follows:
• Commissioner Kamenjarin disclosed he has driven by the site and has used it on more
than one occasion.
• Commissioner Meenes disclosed he drove by the site.
• Commissioner Sabellico disclosed he drove by the site.
• Commissioner Merz disclosed he has used the site many times.
• Chair Stine disclosed he has used the site many times for purchasing gas.
Assistant Community Services Director Mike Strong introduced Associate Planner Kyle Van
Leeuwen who provided the PowerPoint presentation (on file on the Office of the City Clerk).
As part of the presentation, Associate Planner Van Leeuwen made a recommendation to
adopt the resolution that would approve the amendment to the Conditional Use Permit.
Dec. 7, 2022 Planning Commission Regular Meeting Page 3
In response to the presentation by Associate Planner Van Leeuwen, Senior Assistant City
Attorney Ron Kemp advised the Committee that the whole presentation is the public hearing,
so it should be announced that it has opened prior to the staff presentation.
In response to Senior Assistant City Attorney Ron Kemps request, Chair Stine agreed to do so
retroactively.
In response to Chair Stine’s inquiry about the potential noise issues created by a larger car
wash, Associate Planner Van Leeuwen explained that a required noise study was performed.
He further explained the study’s conclusion that contained the recommended mitigation and
abatement measures. He explained that the sound levels would not exceed the required
noise levels if there was a sensitive noise land use along the property lines. He further
explained that there is not a sensitive land use along the direct property lines and that the
closest residences are approximately 1500 feet to the southeast. He added that with the
change in direction of the carwash tunnel, the direction of the noise caused primarily by the
dryer will direct the noise away from the closest residences. He further added that there is
primarily open space as well as an elevation change and a large industrial building that will
buffer the noise.
The applicant had no presentation on item #2.
Chair Stine opened the hearing for public testimony at 5:15 p.m.
Chair Stine seeing there were no speakers, closed the hearing for public testimony at 5:15 p.m.
In response to the presentation by Assistant Planner Van Leeuwen, Chair Stine asked if there
were any public responses received on the item. Assistant Planner Van Leeuwen confirmed
that no comments have been received in response to the notification.
In response to the presentation by Assistant Planner Van Leeuwen, Chair Stine reports adding
the second driveway appears to be a benefit that addresses any traffic concerns. He further
explained that despite the potential increase in noise level, the issues have been addressed,
making this a good project.
Motion by Commissioner Meenes, seconded by Commissioner Merz, to adopt Exhibit 1.
Motion carried, 5/0/0/2 (Commissioner Lafferty, Luna - Absent).
3. PCD 2022-0002 (DEV2022-0153) – OAK + ELIXIR – TIMELINESS APPEAL – Request to consider
an appeal, filed on August 22, 2022, as to whether an earlier appeal, filed on August 5, 2022
(PCD 2022-0001) was considered timely. The appeal is associated with an establishment
located at 2917 State Street within Local Facilities Management Zone 1. The City Planner has
determined that an action to approve or deny the appeal is categorically exempt from the
requirement for the preparation of environmental documents pursuant to Enforcement
Actions by Regulatory Agencies – Section 15321 of the state CEQA Guidelines.
Two resolutions of approval have been prepared for this agenda item. Planning
Commission Resolution, Option A (Exhibit 1), affirms that the August 5 appeal was
Dec. 7, 2022 Planning Commission Regular Meeting Page 4
untimely. Planning Commission Resolution, Option B (Exhibit 2), overturns the City
Planner’s timeliness determination.
If Option A is approved, then the Planning Commission will announce that the earlier
appeal, filed on August 5, 2022 (PCD 2022-0001) will not be heard; and Item No. 4 will be
removed as an item on the agenda by motion and action. If the Planning Commission finds
that the August 22 appeal (PCD2022-0002) raises a substantial issue and the Planning
Commission approves Option B, then the public hearing for Item No. 4 will occur, during
which time the Planning Commission will take public testimony on that appeal, separately.
ACTION TYPE: Quasi – judicial
STAFF RECOMMENDATION: Adopt the Resolution Option 1 (Exhibit 1), DENYING the
subject appeal OR Adopt the Alternative Resolution Option B (Exhibit 2)
PLANNER: Esteban Danna ENGINEER: N/A
This item was withdrawn by the applicant.
4. PCD 2022-0001 (DEV2022-0153) – OAK + ELIXIR – APPEAL OF CITY PLANNER’S USE
DETERMINATION – Request to consider an appeal of the City Planner’s determination that
an establishment is operated in a manner consistent with the definition of “restaurant” for
an establishment located at 2917 State Street within Local Facilities Management Zone 1. The
City Planner has determined that pursuant to the California Environmental Quality Act
Guidelines 15378 (Project), adoption of the Planning Commission Resolution, affirming the
City Planner’s determination is not a project, as it is general policy and procedure making
related delegated authority interpreting the Zoning Ordinance.
ACTION TYPE: Quasi – judicial
STAFF RECOMMENDATION: Adopt the Resolution
PLANNER: Esteban Danna ENGINEER: N/A
This item was withdrawn by the applicant.
DEPARTMENTAL REPORTS: None.
PLANNING COMMISSION MEMBER REPORTS:
Chair Stine, the commission representative for the Growth Management Citizens Committee,
reported an update about the status of meeting topics. He explained that the committee is
analyzing the performance standards that are in the current plan and debating if they should be
modified or eliminated. He explained that the performance standard related to schools was
eliminated because it was determined that they are a separate entity from the city. He added
that the performance standard relating to the city administrative facilities, particularly the
construction of a new city hall, was eliminated by the committee because the City Council
already has made a decision regarding changes to and expansion of city hall. He concluded that
the other performance standards will likely have recommendations to City Council by early Spring
2023.
Dec. 7, 2022 Planning Commission Regular Meeting Page 5
CITY PLANNER REPORTS:
Assistant Community Development Director Mike Strong reports that the Planning Commission
has traditionally sent many members to an annual training. He explained that the city will not
have the same budget as in the past to send all of the commissioners to the training next year,
but some will be able to attend. Assistant Community Development Director Strong further
explained that for the current and incoming commissioners, he requests an email be sent to him
by the end of the year to form an interest list.
Assistant Community Development Director Strong also reported on the Planning Commission
vacancies. He explained that due to the staggered terms of the members, there are three
vacancies scheduled, adding that the appointment process applications were received by Nov.
30, 2022, and the tentative appointments will be made by City Council on Jan. 10, 2023. He
further explained that for the Jan. 18, 2023 Planning Commission meeting there may be new
Planning Commission members attending.
Assistant Community Development Director Strong reported that the meetings for Dec. 21, 2022,
and Jan. 4, 2023, will be cancelled due to lack of agenda items.
In response to Commissioner Sabellico's inquiry if there are any updates to the Sister City
Program and the Japan delegation for the summer of next year, Assistant Community
Development Director Strong referred the commissioner to the City Manager's office for
information related to that topic.
CITY ATTORNEY REPORTS: None.
ADJOURNMENT:
Chair Stine adjourned the duly noticed meeting at 5:23 p.m.
=r;r Yolande Berg
Secretary